3rd Session, 42nd Legislature
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Bill 47
THE EARLY LEARNING AND CHILD CARE ACT
| Section | Table of Contents |
| INTRODUCTORY PROVISIONS | |
| 1(1) | Definitions |
| (2) | Reference to "Act" includes regulations |
| 2(1) | Interpretation — early learning and child care services |
| (2) | Certain providers exempt from Act |
| 3 | Purpose |
| 4 | Principles |
| PROVIDERS OF EARLY LEARNING AND CHILD CARE SERVICES | |
| 5 | General obligation |
| 6(1) | Provider must be licensed |
| (2) | Exemption |
| 7 | Provider must ensure employees are certified |
| 8 | Early learning program |
| 9 | Code of conduct |
| 10 | Safety plan |
| 11 | Requirement to provide information to employees |
| 12 | Maximum fee |
| 13 | Information to be provided |
| 14 | Licence posted |
| ADMINISTRATION | |
| 15(1) | Provincial director |
| (2) | Provincial director may delegate |
| (3) | Provincial director retains powers and duties |
| 16 | Forms |
| 17(1) | When provincial director may require personal information |
| (2) | Limits on personal information |
| (3) | Duty to adopt security safeguards |
| LICENCES AND CERTIFICATES | |
| LICENCE APPLICATIONS | |
| 18(1) | Licence application |
| (2) | Applicant to provide information |
| 19 | Inspection of premises |
| 20 | More than one licence required |
| ISSUING LICENCES AND CANCELLING AND SUSPENDING LICENCES | |
| 21(1) | Provincial director may issue licence |
| (2) | Requirements before issue of licence |
| (3) | Duration of licence |
| 22(1) | Terms and conditions of licence |
| (2) | Notice |
| (3) | Provider must comply with terms and conditions |
| 23 | Licence not transferable or assignable |
| 24(1) | Refusal to issue licence |
| (2) | Refusal to renew, cancellation or suspension |
| (3) | Notice |
| CERTIFICATE APPLICATIONS | |
| 25(1) | Applying for certificate |
| (2) | Applicant to provide information |
| ISSUING CERTIFICATES AND CANCELLING CERTIFICATES | |
| 26(1) | Provincial director may issue certificate |
| (2) | Requirements before issue of certificate |
| 27(1) | Terms and conditions of certificate |
| (2) | Notice |
| (3) | Certificate holder must comply with terms and conditions |
| 28(1) | Refusal to issue certificate or cancellation |
| (2) | Notice |
| VARIATIONS | |
| 29(1) | Applying for a variation |
| (2) | Issuing a variation |
| (3) | Form |
| 30(1) | Terms and conditions |
| (2) | Effect of compliance |
| (3) | Other requirements still apply |
| 31 | Cancellation |
| GRANTS AND FINANCIAL ASSISTANCE | |
| GRANTS | |
| 32(1) | Grants |
| (2) | Application for grants |
| (3) | Information |
| 33(1) | Terms and conditions |
| (2) | Recipient must comply with terms and conditions |
| 34 | Notice of decision |
| 35 | Termination of grant |
| FINANCIAL ASSISTANCE | |
| 36(1) | Providing financial assistance to eligible parents |
| (2) | Exception |
| (3) | Providing financial assistance, other circumstances |
| (4) | Parent's eligibility |
| (5) | Payment to provider |
| 37(1) | Application for financial assistance |
| (2) | Information |
| 38(1) | Terms and conditions |
| (2) | Recipient must comply with terms and conditions |
| 39 | Notice of decision |
| 40(1) | Refusal or termination of financial assistance |
| (2) | Notice |
| OBLIGATIONS OF RECIPIENTS | |
| 41(1) | Financial and other records |
| (2) | Providing records |
| 42(1) | Repayment |
| (2) | Debt due to government |
| (3) | Certificate registered in court |
| RECONSIDERATIONS AND APPEALS | |
| 43(1) | Request for reconsideration |
| (2) | Time limit for requesting reconsideration |
| (3) | Form and content |
| (4) | Suspending the application of the decision |
| (5) | No hearing required |
| (6) | Decision on reconsideration |
| 44 | Appeal |
| INSPECTIONS AND ORDERS | |
| 45(1) | Appointment of inspectors |
| (2) | Designation of inspectors |
| (3) | Provincial director has inspection powers |
| (4) | Identification |
| 46(1) | Powers of inspectors |
| (2) | Assistance |
| (3) | Authority to enter private dwelling |
| (4) | Warrant to enter and inspect private dwelling |
| (5) | Application without notice |
| 47(1) | Assistance to be given |
| (2) | Electronic records |
| (3) | Inspector may make copies |
| (4) | Admissibility of copies |
| 48 | Obstruction prohibited |
| ORDERS | |
| 49(1) | Order to remedy contravention |
| (2) | Requirements of order |
| (3) | Oral order |
| (4) | Duty to comply |
| 50(1) | Request for review by provincial director |
| (2) | Time limit for requesting review |
| (3) | No hearing required |
| (4) | Provincial director may suspend application of order |
| (5) | Decision of the provincial director |
| (6) | Notice of decision |
| 51 | Appeal |
| 52(1) | Order for compliance |
| (2) | Conditions on order |
| PROVISIONAL ADMINISTRATOR | |
| 53 | Application |
| 54 | Definitions |
| 55(1) | Minister to appoint provisional administrator |
| (2) | Powers of the provisional administrator |
| (3) | Powers specified by order |
| (4) | Powers limited |
| (5) | Powers suspended |
| (6) | Directors may continue to act |
| 56 | Directors must assist administrator |
| 57(1) | Remuneration of provisional administrator, etc. |
| (2) | Expenses may be paid from Consolidated Fund |
| 58 | Termination of appointment of provisional administrator |
| 59 | Conflict |
| GENERAL | |
| CHILD CARE QUALIFICATIONS AND TRAINING ADVISORY COUNCIL | |
| 60(1) | Advisory council |
| (2) | Role of council |
| (3) | Members appointed by minister |
| (4) | Persons eligible for appointment |
| (5) | Term of office |
| (6) | Limitation on length of service |
| (7) | Appointment continues |
| (8) | Chair and vice-chair |
| EVIDENTIARY AND LEGAL MATTERS | |
| 61 | Provincial director's certificate |
| 62(1) | Service of documents |
| (2) | Deemed receipt |
| 63 | Liability protection |
| OFFENCES AND PENALTIES | |
| 64(1) | Offences |
| (2) | Liability of corporate officers and directors |
| (3) | Time limit for prosecution |
| 65 | Penalties |
| 66 | Convicted person still must comply with order |
| REGULATIONS | |
| 67(1) | Regulations |
| (2) | Scope and application of regulations |
| TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS | |
| TRANSITIONAL PROVISIONS | |
| 68 | Definition of "former Act" |
| 69(1) | Transition — licences and certificates |
| (2) | Terms and conditions continue |
| 70(1) | Transition — pending appeals |
| (2) | Former Act applies |
| 71 | Transition — orders |
| 72(1) | Transition — grants, subsidies and further assistance |
| (2) | Terms and conditions continue |
| 73 | Act applies to recovery of payments |
| 74(1) | Regulations — transitional matters |
| (2) | Application of regulations |
| CONSEQUENTIAL AMENDMENTS | |
| 75(1) | C.C.S.M. c. C80 amended |
| (2) | |
| (3) | |
| (4) | |
| 76(1) | C.C.S.M. c. E125 amended |
| (2) | |
| (3) | |
| (4) | |
| 77(1) | C.C.S.M. c. I10 amended |
| (2) | |
| (3) | |
| (4) | |
| (5) | |
| (6) | |
| 78 | C.C.S.M. c. M226 amended |
| 79 | C.C.S.M. c. S167 amended |
| REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | |
| 80 | Repeal |
| 81 | C.C.S.M. reference |
| 82 | Coming into force |